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HomeMy WebLinkAbout2016-07-26; City Council; 22368; Adoption of Ordinance No. CS-302 approving amendments to Zoning Map LCPA 07-02/ZC 15-02 pursuant to the California Coastal Commissions suggested modifications to LCPA 07-CITY OF CARLSBAD-AGENDA BILL AB# 22,368 ADOPTION OF ORDINANCE NO. CS-302 DEPT. DIRECTOR JjQC _; APPROVING AMENDMENTS TO THE ZONING MAP MTG. 7/26/16 (LCPA 07-02/ZC 15-02} PURSANT TO THE CITY ATTORNEY +fS DEPT. CALIFORNIA COASTAL COMMISSION'S SUGGESTED CITY MANAGER \te--Clerk MODIFICATIONS TO LCPA 07-02 RECOMMENDED ACTION: Adopt Ordinance No. CS-302, approving amendments to the zoning map (LCPA 07-02/ZC 15-02) pursuant to the California Coastal Commission's suggested modifications to Local Coastal Program Amendment 07-02. ITEM EXPLANATION: Ordinance No. CS-302 was introduced and first read at the City Council meeting held on July 12, 2016. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance or a summary of the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill #22,349 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Acceptance and approval of the Coastal Commission's suggested modifications are exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15265(a)(l), which states: (a) CEQA does not apply to activities and approvals pursuant to the California Coastal Act (commencing with Section 30000 ofthe Public Resources Code) by: (1) Any local government, as defined in Section 30109 of the Public Resources Code, necessary for the preparation and adoption of a local coastal program. The Coastal Commission's suggested modifications are required to be accepted by the city prior to Coastal Commission certification ofthe city's amended local coastal program. EXHIBIT: 1. Ordinance No. CS-302. DEPARTMENT CONTACT: Sheila Cobian 760-434-2808 Sheila.Cobian@carlsbadca.gov FOR CITY CLERKS USE ONLY ~ COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D Item #20 - AB #22,368 July 26, 2016 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE ZONING MAP (LCPA 07-02/ZC 15-02) PURSUANT TO THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO LOCAL COASTAL PROGRAM AMENDMENT (LCPA 07-02). CASE NAME: GENERAL PLAN UPDATE CASE NO.: LCPA 07-02/ZC 15-02 EXHIBIT I The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, on September 22, 2015, the City Council approved a comprehensive General Plan update, including associated amendments to the Local Coastal Program and zoning map (LCPA 07-02/ZC 15-02); and WHEREAS, the California Coastal Act requires Coastal Commission certification of any local coastal program amendment; and WHEREAS, on November 9, 2015, the city submitted an application to the Coastal Commission requesting to amend the Carlsbad Local Coastal Program pursuant to LCPA 07-02; and WHEREAS, on April27, 2016, the city requested that the Coastal Commission defer its decision on three components of the city's Local Coastal Program amendment application, described as follows: Deferred Proposed LCP Amendment Reason to Defer Coastal Commission Item Decision Change LCP land use from: At the request of Coastal Commission RLM (0-4 du/ac)/L (Local Shopping Center) staff, additional time is needed to to R-15 (8-15 du/ac)/GC (General adequately evaluate LCP agriculture Commercial) and policies that may relate to this Marja Acres Change LCP zoning from: property. This land use and zone RA-10,000 (Residential Agriculture)/C-2 change will continue to be processed (General Commercial) to RD-M and brought to the Coastal (Residential Density Multiple)/C-2 Commission for decision as a separate (General Commercial) item. Zoning in To ensure consistency with proposed land There is no certified LCP Deferred use designations, change the zoning on implementation plan for these Item #20 - AB #22,368 July 26, 2016 Page 2 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 23 24 25 26 27 28 LCP Certification Areas Residential in C-T Zone various properties within the Agua Hedionda LCP segment and 10 parcels within the Mello II segment. Add residential as a permitted use within the C-T (Commercial Tourist) Zone, provided the residential use is located above the ground floor and the residential use is secondary/accessory to the primary visitor-serving commercial use. properties; therefore, as determined by Coastal Commission staff, LCP zoning does not technically exist and cannot be changed. The proposed LCP zoning will be incorporated as part of the city's comprehensive LCP update (currently in process), which will include an implementation plan for these properties. At the request of Coastal Commission staff, additional time is needed to evaluate the proposal. This proposal will be incorporated with the city's comprehensive LCP update. WHEREAS, on May 11, 2016, the California Coastal Commission approved the city's Local Coastal Program Amendment (LCPA 07-02); and on May 16, 2016, the city received a letter dated May 13, 2016 from the California Coastal Commission (Attachment 1A of City Council Resolution No. 2016-150) that certifies (resolution of certification) the Coastal Commission's approval of the city's Local Coastal Program amendment (LCPA 07- 02), subject to nine suggested modifications; and WHEREAS, acceptance of the California Coastal Commission's suggested modifications are necessary to comply with the California Coastal Act and California Administrative Code; and WHEREAS, the City Council did on the 12th day of July, 2016, hold a duly noticed public hearing as prescribed by law to consider said request. NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows: SECTION 1: That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map and the Local Coastal Program Zoning Map are amended as shown on Attachment 2A updated May 2016, attached hereto. -2-Item #20 - AB #22,368 July 26, 2016 Page 3 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be effective within the Coastal Zone until the Executive Director of the California Coastal Commission certifies that implementation of LCPA 07-02 will be consistent with the Coastal Commission's suggested modifications for LCPA 07-02.} II II II II II II II II II II II II II II II -3-Item #20 - AB #22,368 July 26, 2016 Page 4 of 7 1 2 INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on the 3 12th day of July, 2016, and thereafter. 4 II 5 II 6 II 7 II 8 II 9 II 10 11 II 12 II 13 II 14 II 15 II 16 II 17 II 18 II 19 II 20 II 21 22 II 23 II 24 II 25 II 26 II 27 28 -4-Item #20 - AB #22,368 July 26, 2016 Page 5 of 7 1 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 3 Carlsbad on the 26th day of __ J_u_l....:.y __ , 2016, by the following vote, to wit: 4 AYES: Hall, Wood, Schumacher, Blackburn, Packard. 5 NOES: None. 6 ABSENT: None. 7 8 APPROVED AS TO FORM AND LEGALITY: 10 11 9 ~.~~L CELIA A. BREWER, City ttorney M~ 12 13 ATIEST: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-Item #20 - AB #22,368 July 26, 2016 Page 6 of 7 \ The Location of this Open Space boundary shall be refined during the process to update · the Carlsbad Local Coastal Program (LCPA 15-07). The boundary may be · adjusted to more accurately reflect beach and bluff areas that are undevelopable pursuant to California Coastal Act and city policies. Pacific Ocean Zoning: -E-A, Exclusive Agriculture '·--~-. R-A, Residential Agriculture .. R-E, Rural Residential Estate ~ R-1, One Family Residential R-2,..Iwo Eamily ResklenJial R-3, Multi Family Residential RD-M, Residential Density -Multiple RD-M/C-L, Res Density -Multiple/Local Shop. Center -RMHP, Residential Mobile Home Park -1·· --~ ---~ R-T, Residential Tourist R-W, Residential Waterway · R-P-Q, Residential Professional 0, Office C-L, Local Shopping Center C-1 or C-2, General Neighborhood Commercial C-T, Commercial Tourist RD-M/C-T, Comm Tourist/Res Density -Multiple C-M, Heavy Commercial M, Industrial P-M, Planned Industrial P-M/0, Planned Industrial/Office .. . P-U, Public Utility -V-R, Village Review P-C, Planned Community L-C , Limited Control -OS, Open Space -T-C, Transportation Corridor ATTACHMENT 2A C cityof Carlsbad Zoning Map: I i t·-. .i ,• ~ .i.~· I ~(t"o : t'I~, f =:i i p.c i i iii~\(;N., , ... ._ .... ....:...J-.............. .. V>::(j Deferred Certification Area• ~ Beach Overlay Zone [3 Commercial Visitor Serving_ Overlay Zone ........ Coastal Zone•• Highway Major Street o cc::, :a Planned Street -l--i Railroad 1/.+UJ Lagoon Right of Way [:] City Limits lAP16 ~~Hlu~11 p.c l"~ \ t 1l1 .... \ .. '• ic 1-o·t m • Within the deferred certification areas, the zoning classifications shown on this map are not certified by the California Coastal Commission. Until a Local Coastal Program implementation plan is certified by the California Coastal Commission for these areas, the California Coastal Commission retains authority to issue coastal development permits for development on these properties. The California Coastal Commission will utilize the city's zoning, as shown on this map, as a guide when evaluating proposed coastal development permits within these area s. •• The area depicted within the Coastal Zone constitutes the Carlsbad Local Coastal Program Zoning Map. Updated May 2016 ft •••-===:::iFeet • , 0 3,000 J:\cbgis\productslplanning\StandardMap\LC P Zoning11 x 17 _ne w.m xd Item #20 - AB #22,368 July 26, 2016 Page 7 of 7